Settlement Offer

The development proposal for the site at 847-855 Kingston Road has evolved through three primary stages, marked by significant increases in both physical height and residential capacity as the project site expanded.

Initial Proposal (2015)

The original application was submitted on 10 August 2015, and was restricted to the properties at 847-853 Kingston Road. At this stage, the developer proposed a seven-storey mixed-use building containing only 29 residential units.

Expanded Proposal (2022)

Following the acquisition of the adjacent property at 855 Kingston Road in May 2020, the project was substantially revised. A new application submitted on 29 December 2022 nearly tripled the density and significantly increased the height:

• Building Height: Increased from seven storeys to 11 storeys.

• Unit Density: Increased from 29 units to 99 residential units.

Settlement Proposal (2025)

After the project was appealed to the Ontario Land Tribunal and underwent mediation in August 2025, a further revised "without prejudice" settlement was reached. This current iteration, which the City Council voted to support in December 2025, represents the largest version of the building to date:

• Building Height: The height was increased again to 13 storeys.

• Floor Area Density: The total Gross Floor Area (GFA) reached approximately 8,600 square metres.

• Usage Split: The density is comprised of approximately 8,200 square metres of residential GFA and 400 square metres of non-residential GFA.

To facilitate this final level of density, the sources indicate that the land will be redesignated from "Neighbourhoods" to "Mixed Use Areas and Natural Areas". This is a tragic outcome for a ravine adjacent site with a steep slope and narrow shelf. The ravine and part of this site is also designated an Environmentally Significant Area (ESA) and a Natural Heritage Site. It is one of the last remaining Old Growth Carolinian Forests in the city.  

The appeal to the Ontario Land Tribunal (OLT) regarding the properties at 847-855 Kingston Road was the result of a multi-year planning process marked by expanding project scopes and statutory delays. The specific legal and procedural steps are detailed below:

1. Initial Application and Expansion

The process began on 10 August 2015, when applications for a Zoning By-law Amendment and an Official Plan Amendment were first submitted to the City. At that time, the proposal was limited to 847-853 Kingston Road and envisioned a seven-storey mixed-use building.

In May 2020, the owner (Gabriele Homes Ltd.) acquired the adjacent property at 855 Kingston Road, leading to a significant revision of the project. On 29 December 2022, a revised application was submitted to incorporate this new land, increasing the proposed height to an 11-storey building.

2. Statutory Timelines and the Formal Appeal

The central legal trigger for the OLT appeal was the City’s inability to meet provincial deadlines. Under the Planning Act, municipalities are required to make decisions on such applications within a prescribed timeframe.

On 12 November 2024, the applicant filed a formal appeal with the OLT. The procedural basis for this appeal was City Council’s neglect or failure to make a decision on the applications within those statutory timelines.

The official legal reason the City had not made a decision was that the prescribed timelines under the Planning Act had expired, leading the applicant to appeal based on the City's "neglect or failure" to act. However, the City's delay was tied to significant outstanding issues and the need for a wide array of revised technical documents that had not yet been completed to the City's satisfaction. The City had requested revised reports from the developer, the developer failed to provide them, and instead appealed to the OLT. 

3. City Council's Procedural Response

Once the appeal was filed, the City took several formal steps to manage the litigation:

• Opposition and Direction: In April 2025, City Council adopted a "Request for Direction Report," instructing the City Solicitor to attend the OLT hearing to oppose the applications in their current form. However, they also directed staff to continue discussions with the applicant to resolve outstanding issues.

• Mediation: Following this, mediation sessions were held in August 2025 between the owner, City staff, and the Toronto and Region Conservation Authority (TRCA).

• Settlement Offer: These discussions resulted in a "without prejudice" settlement offer dated 22 October 2025, which proposed a further revised 13-storey building.

• Council Approval: City Council met in a closed session on 16 December 2025 to consider the confidential legal advice regarding the litigation. They ultimately voted to accept the settlement offer and directed the City Solicitor to support the settlement at the OLT.

The OLT had scheduled a 15-day hearing to commence on 13 April 2026, though the acceptance of the settlement meant the parties would instead request a settlement hearing to seek the Tribunal's approval of the agreed-upon plans. The April 13 hearing has been cancelled, and the Settlement Hearing has been scheduled for February 3, 2026.

The Ontario Land Tribunal (OLT) process for the development at 847-855 Kingston Road moved from a formal legal appeal to a negotiated settlement. The following outline details the key dates and procedural steps:

1. The Formal Appeal (12 November 2024)

The applicant, Gabriele Homes Ltd., filed a formal appeal with the OLT on the basis that City Council failed to make a decision on their Zoning By-law and Official Plan Amendment applications within the statutory timelines mandated by the Planning Act. the City's delay was tied to significant outstanding issues and the need for a wide array of revised technical documents that had not yet been completed to the City's satisfaction. The City had requested revised reports from the developer, the developer failed to provide them, and instead appealed to the OLT. 

2. Request for Direction and Opposition (April 2025)

On 23 and 24 April 2025, City Council adopted a "Request for Direction Report". This instructed the City Solicitor to attend the scheduled OLT Case Management Conference (CMC) hearing to oppose the applications in their current form while simultaneously continuing discussions with the applicant to resolve outstanding issues.

4. Case Management Conference (CMC) Hearing (May 2025) 

On May 14, 2025, an impressive 82 community members were present at the Ontario Land Tribunal Initial CMC Hearing - thank you for showing up for our ravine! Protect Our Ravines Initiative was not granted Party status;  The Tribunal found that PORI’s concerns will be advanced by both the City and TRCA, as well as by the numerous Participants, and that a duplication of arguments does not strengthen a position or give it more weight and is not helpful in assisting the Tribunal in making its decision at the merit hearing. Reference: OLT Hearing Proceedings Summary Document

3. Mediation and Revision (August 2025)

Parties engaged in mediation sessions in August 2025. These sessions included the owner, City staff, and the Toronto and Region Conservation Authority (TRCA). Following these discussions, the developer’s architects prepared revised plans for a 13-storey building, dated 17 October 2025.

4. The Settlement Offer (22 October 2025)

The developer submitted a "without prejudice" settlement offer to the City,. On 13 November 2025, the developer amended this offer via email to extend its validity until the conclusion of the December 2025 City Council meeting. 

5. City Council Approval (16–17 December 2025)

City Council met in a closed session to consider confidential legal advice regarding the litigation. They ultimately voted to accept the settlement offer and directed the City Solicitor to attend the OLT in support of the settlement rather than in opposition,.

6. Scheduled Hearing and Final Procedural Steps

• The Original Hearing: A 15-day hearing had been scheduled by the OLT to begin on 13 April 2026. This has subsequently been cancelled. 

• Transition to Settlement Hearing: Following the City's acceptance of the offer, a settlement hearing has been scheduled for February 3, 2026. 

Reference: OLT Hearing Schedule Announcement